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for Statement of Commissioner Kevin J.
Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and s will not show up in this text version. All text dirtt such as bold, italic, underlining, etc.
Features of tal original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the Microsoft Word or Adobe Acrobat version. Entercom argues that, assuming the material was aired as set forth in the complaint, it is not indecent since Segment 1 does not depict or describe sexual or excretory activities or organs;5 Segments 2 and 3 are not patently offensive since both segments are either open to harmless, non-sexual interpretations or are presented in a non-explicit, non-indecent cynwyyd and Segment 4 is presented in an oblique manner that lacks an unmistakable sexual meaning.
The Federal Communications Commission is authorized to radio and television broadcast stations and is responsible for enforcing the Commission's rules and applicable statutory provisions concerning the operation of those stations. The Commission's role in overseeing program content is very limited. The First Amendment to the United States Constitution and Section of the Act prohibit the Commission from censoring program material and from interfering with broadcasters' freedom of expression.
Specifically, it is a violation of federal law to nuudes obscene or indecent programming. Indecency Analysis 5. Any consideration of government action against allegedly indecent programming must take into the fact that such speech is protected under the First Amendment. The Commission defines indecent speech as language that, in context, depicts or describes sexual or excretory activities or organs in terms patently offensive as measured by contemporary community standards for the broadcast medium.
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First, the material alleged to be indecent must fall within the subject matter scope of our indecency definition -- that is, the material must describe or depict sexual or excretory organs or activities. Second, the broadcast must be patently offensive as measured by contemporary community standards for the broadcast medium. As discussed in further detail below,18 we find that all of the segments describe or depict sexual or excretory organs or activities and therefore fall within the subject matter scope of our indecency definition.
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